Negotiating the sale and purchase of landfill gas
- Henson & Efron, Minneapolis, MN (United States)
This paper discusses many of the business and legal issues which may be encountered in negotiating an agreement for the sale and purchase of landfill gas. A landfill gas sale and purchase contract is really three different agreements wrapped up into one. First, it is a purchase agreement. As a purchase agreement it specifies the parties` obligations about the quantity and quality of the commodity being purchased and sold. It also sets forth the price to be paid for the commodity, payment terms, warranty provisions, indemnification obligations and other matters commonly found in purchase and sale transactions. Second, a landfill gas sale and purchase agreement is a construction agreement. As a construction agreement it obligates the parties to each construct a facility, one facility to collect the gas and the other to generate electricity from consumption of the gas. It also should require the construction of the projects in accordance with approved plans and specifications, in a timely manner and in accordance with applicable laws and ordinances. Third, a landfill gas sale and purchase agreement is a lease or easement agreement. As a lease or easement agreement it requires one party to grant use of a portion of its property to the other party. Also, it sets out the circumstances which will allow landowner to extinguish the right to use or occupy its property, as well as any rights of the land user to maintain or have rights to access to the property and any rights of first refusal. In certain instances it might provide for the grant of security interests as to one of the party`s assets or the entire facility. This paper discusses how these three types of agreements are combined in a single agreement.
- OSTI ID:
- 86583
- Report Number(s):
- CONF-9503100-; TRN: 95:005309-0012
- Resource Relation:
- Conference: 18. annual Solid Waste Association of North America (SWANA) landfill gas symposium, New Orleans, LA (United States), 27-30 Mar 1995; Other Information: PBD: 1995; Related Information: Is Part Of SWANA 18th annual landfill gas symposium; PB: 201 p.
- Country of Publication:
- United States
- Language:
- English
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